Russeau, Gregory ( 2015 )

Texas Department of Criminal Justice
Brad Livingston
Executive Director
June 24,2015
The Honorable Lois Rogers
Smith County District Clerk
100 N. Broadway Suite #204 DCO£ IW PHI N
Tyler,
y Texas 75702 COURTKt I ., APPEALS
OF CRIMINAL .Lra,o
RE: GREGORY LYNN RUSSEAU TDCJ #999430 *^
Dear District Clerk: ^Jj@{ ACOSta,Clerk
Enclosed is the Return of the Director of the Texas Department of Criminal Justice Correctional
Institutions Division, of the Death Warrant pertaining to GREGORY LYNN RUSSEAU, issued
in the District Court of Smith County, Texas 114th District Court, on March 9, 2015, which was
carried out on June 18, 2015. Also enclosed is the Certificate with the director's statement of
compliance with the command of the warrant. The certificate also indicates the disposition of
the remains as required by Article 43.23 of the Texas Code of Criminal Procedure.
Sincerely,
CarlaM. Willis
Deputy General Counsel
OFFICE OF THE GENERAL COUNSEL
cc: The Honorable Gregg Abbott, Governor
The Honorable Ken Paxton, Attorney General
Louise Pearson, Clerk, Court of Criminal Appeals
Kelly Enloe, Chairman, Classification & Records, TDCJ
CW/cf
Attach
Our mission is toprovide public safety, promote positive change inoffender
behavior, reintegrate offenders into society, andassist victims ofcrime.
Office of the General Counsel
Sharon Felfe Howell, General Counsel - sharon.howeII@tdcj.texas.gov
P.O. Box 13084 Capitol Station P.O. Box 4004
Austin, Texas 78711 -3084 Huntsville, Texas 77342-4004
RETURN OF THE DIRECTOR OF THE INSTITUTIONAL DIVISION
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Came to hand, the 15th day of October, 2002 and executed the 18th
day of June, 2015 by the death of GREGORY LYNN RUSSEAU.
DISPOSITION OF BODY:
DATE: C\,,i>ro>l8i2QiS
TIME: U-4^ r»rvn
William Stephens, Director
Texas Department of Criminal Justice
Correctional Institutions Division
CERTIFICATE
I hereby certify that the Death Warrant in the case ofThe State of Texas vs. GREGORYLYNN
RUSSEAUissued in the District Court of Smith County, Texas 114th District Court, on March 9,
2015 and was executed according to the laws ofthe State of Texas on June 18,2015. The death of
GREGORY LYNN RUSSEAU was caused by intravenous injection of lethal substances at the
Huntsville Unit of the Texas Department of Criminal Justice-Correctional Institutions Division at
[p ' H °\ p.m. on June 18, 2015, The body ofthe deceased was given into the custody of
Carnes Funeral Home agent for the requesting relative. This Certificate and Return of Warrant
(enclosed) is in compliance with Article 43.23 of the Texas Code of Criminal Procedure.
ua_
William Stepriens, Director
Texas Department of Criminal Justice
Correctional Institutions Division
SUBSCRIBED AND SWORN TO BEFORE ME this the 18th day of June 2015.
CONNIE E. "'.';•'••
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Notary Without •- ••••••
Bond NOTARY PUBLIC, Walker County,
. Texas
My Commission expires; 11- QLp-2_Pl~7
CAUSE NO: 114-0750-02
DEATH WARRANT
THE STATE OF TEXAS § IN THE DISTRICTCOURT OF
§
VS § SMITH COUNTY, TEXAS
§ 114TH DISTRICT COURT
GREGORY LYNN RUSSEAU
TO THE DIRECTOR OF THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMMEMT OF CRIMINAL JUSTICE AND TO
THE SHERIFF OF SMITH COUNTY, TEXAS:
On October 10, 2002 , the above - named defendant, in the above styled and numbered cause was convicted of the
offense of Capital Murder. After remand for a new punishment trial, on April 20, 2007, the Court sentenced the above-
named defendantto death in accordance with the findings of the jury, pursuant to the Texas Code of Criminal Procedure.
/ The Court, having received the Texas Court of Criminal Appeals' affirming the above name Mandate having
received notice of the Court of Criminal Appeals" denial of the defendant's initial application for writ of habeas corpus
sentenced the above-names defendant to death for the offense CAPTIAL MURDER and ORDERS that the execution be had
as provided by law, the 18th day ofJune, 2015, at any time after the hour of 6:00 P.M. at the Institutional Division of the
Texas Department of Criminal Justice at Huntsville, Texas.
The Sheriff of Smith County, Texas is hereby commanded to transport the defendant to the Institutional Division of
the Texas Department of Criminal Justice and deliver the defendant and this warrant to the Director of the Institutional
Division of the Texas Department of Criminal Justice for the purpose of executing this warrant, and to take from the
Director ofthe proper receipt for the defendant, and the Sheriff will return the receipt to the office ofthe District Clerk of
Smith county, Texas.
The Director of the Institutional Division of the Texas Department of Criminal Justice is hereby commanded to
receive from the Sheriff the defendant and this warrant, and to give his receipt to the Sheriff, and to safely keep the
defendant and to execute the sentence of death at any time after the hour of 6:00 P.M. on the day and date specified in
paragraph two of this warrant, by causing a substance orsubstances in a lethal quantity to be intravenously injected into the
body ofdefendant to continue until the defendant is deceased, obeying all laws ofthe StateofTexas with reference to such
execution.
WITNESS MY HAND AND SEALpf the 114th Judicial District Court of Smith County, Texas, at my office in the City
of Tyler, Texas, on the / day ovfT)/XcC^20 75.
LOIStfrOGERS, DisWict Clerk
Smith County, Texas
100 N. Broadway Suite #204
Tyler, Texas 75702
0RIGINAL
'TRUftJfti
REIURN ,-.
The Sheriff of Smith County, Texas, received this Writ on the IflT day of Q$) fl(WH
20±b at _IL_ 2L M. and executed the same by delivering the original and one copy of this
Wa7unt .T1!? Dlr!C"5he lnstJtutiGnal Dlvisi°n of the Texas Department of Criminal Justice
on the W_ day of OlffiG , 20& and by taking his receipts for the said warrant, which
r^A&are here/C attaChed d° here noW make my retum on thls Wrlt this 10 day of
LARRY^.TH Sheriff ^
^ Sm,th County, Texas "M^
114-07°5oSea" °* ^J"'2°& the fo,,ow PaPers related *» ^ause number
THE STATE OF TEXAS, vs. GREGORY LYNN RUSSEAU were received from the
Sheriff of Smith County, Texas,
1. Original and one copy of DEATH WARRANT to be delivered to the
Warden of the Director of the Institutional Division of the Institutional
Division ofthe Texas Department of Criminal Justice.
2. One Original Execution Order.
The Texas Department of Criminal Justice acknowledges receipt of the
Execution Older and Q&aih J&amuil in the Cause No. 114-0750-02
on this the _$LL day of HlM^L. 20J2$5~
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Classification and Records)
r}c^ 0^50-0^
(yte*^ " Ho%S^oj^ ORDER
THEREFORE, it is the further ORDER and the Judgment of this
Court that the Director of the Texas Department of Criminal Justice
- Institutional Division (formerly known as the Texas Department of
Corrections, State Penitentiary), acting by and through the
executioner designed by said Director as provided by law, be and is
hereby DIRECTED, ORDERED and COMMANDED to, at any time after the
hour of 6:00 p.m. on the 18th day of June, 2015, in a room arranged
for the purpose of execution at the Texas Department of Criminal
Justice - Institutional Division (formerly known as the Texas
Department of Corrections, State Penitentiary) to carry out this
Judgment and Sentence of DEATH by intravenous injection of a
substance or substances in a lethal quantity sufficient to cause
the death of the said GREGORY RUSSEAU and until said GREGORY
RUSSEAU is dead, such procedure to be determined and supervised, in
accordance with law, by the said Director of the Texas Department
of Criminal Justice - Institutional Division (formerly known as the
Texas Department of Corrections, State Penitentiary).
SIGNED THIS THE 9th day of March, 2015
HONORABLE CHRIST^) KENNEDY
JUDGE, 114TH DISTRICT COURT
SMITH COUNTY, TEXAS
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(yf-eXfcYf ^vk^n. K.1AS •CtAM—
WARRANT OF EXECUTION
ALL IN ACCORDANCE with this Warrant of Execution (Death
Warrant) for the execution of the sentence of DEATH, and in
accordance with the Judgment, Sentence (and previous Formal Re
sentencings), and Order Setting Date of Execution and Order for
Issuance of Warrant of Execution of this Court, show herein, which
I certify to be true and correct copies of such documents now on
file in my office and entered on the Minutes of said Court. A
certified true and correct copy of the Judgment and Sentence
entered by the Court on April 20, 2007, which was affirmed by the
Texas Court of Criminal Appeals, is attached hereto as Exhibit "A".
HEREIN FAIL NOT, BUT DUE RETURN MAKE OF THE WARRANT OF
EXECUTION SHOWING HOW YOU HAVE EXECUTED THE SAME.
Given under my hand and seal of the 114th Judicial District
Court of Smith County, Texas on this the 6th day of March, 2015.
LOIS ROGERS
DISTRICT CLERK/SMITH COUNTY, TEXAS
CLERK OF THE 114TH JUDICIAL DISTRICT COURT
SMITH COUNTY, TEXAS
BY: C^U,^
DEPUTY- DISTCRICT CLERK
Print Name:
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CAUSE NUMBER 114-0750-02
THE STATE OF TEXAS X JUDICIAL '
VS. X rt
GREGORY RUSSEAU X CxMITH COUNTY,
FORMAL SENTENCING
PURSUANT TO MANDATE FROM TEXAS COURT OF CRIMINAL APPEALS
ORDER SETTING DATE OF EXECUTION
ORDER FOR ISSUANCE OF WARRANT OF EXECUTION
Judge Presiding: Date of original sentence
CHRISTI KENNEDY and Judgment: October 10, 2 002
Date of subsequent sentencing
and Judgment following remand
from Court of Criminal Appeals:
April 20, 2007
Date of formal sentencing
upon Mandate affirming
case and denial of 11.071 Writ
Application and following
denial of federal Writ
Application by U.S. District
Court and Fifth Circuit Court
of Appeals: March 6, 2 015
Attorney for State Attorney for Defendant:
at trial: Jack Skeen Jr. at trial: Clifton Roberson
Matt Bingham Brandon Baade
Brett Harrison
(1st trial)
Attorney for State Attorney for Defendant:
at trial: Matt Bingham at trial: Clifton Roberson
April Sikes Brandon Baade
(2d punishment trial)
Attorney for State at Current Writ Counsel for
formal sentencing: Defendant: Jeff Haas
Matt Bingham
April Sikes
Offense Convicted of: Date Offense Committed:
Capital Murder May 30, 2 001
Charging Instrument: Indictment Plea: Not Guilty
Terms of Plea Bargain: None
Plea to Enhancements None Finding on Enhancements: None
Findings on Use of Deadly Weapon: Not Applicable
Enumerated Offense 3G
Date Sentence Pronounced: Court Costs: $149.50
October 10, 2002
Date Sentence Formally Pronounced After Second Punishment Trial
Following Remand from Court of Criminal Appeals: April 20, 2007
Date Sentence Formally Pronounced following Mandate from Texas
Court of Criminal Appeals affirming Judgment and Sentence following
denial of 11.071 writ application, and following denial by U.S.
District Court and Fifth Circuit Court of Appeals of federal writ
application and setting first date of execution: March 6, 2015
DATE OF EXECUTION: June 18, 2015 as provided by law
Punishment: Date Set for Execution:
Death by lethal injection June 18, 2015 as
as provided by law provided by law
Place of Execution:
As provided by law in the Texas Department of Criminal Justice
Institutional Division (formerly Texas Department of
Corrections, State Penitentiary)
JUDGMENT AND SENTENCE UPON FORMAL SENTENCING
WARRANT OF EXECUTION
The Defendant having been indicted in the above numbered and
entitled cause of action for the felony offense of Capital Murder
was on the September 5, 2002 called for trial, the State appeared
by her Criminal District Attorney, JACK M. SKEEN, JR. (together
with his Assistant District Attorney, D. MATT BINGHAM ), and the
Defendant, GREGORY RUSSEAU, appeared in person and with his
counsel, CLIFTON ROBERSON and BRANDON BAADE, and whereupon the
State of Texas announced ready, the Defendant announced ready, and
the jury selection was then and there commenced. Following jury
selection, on September 30, 2002, the Defendant, GREGORY RUSSEAU,
in open Court was duly arraigned and in person pleaded NOT GUILTY
to the charge contained in the indictment and demanded his right to
a trial by jury. The State having previously announced that it
intended to seek the death penalty upon any conviction of the
defendant for the offense of Capital Murder, the case proceeded to
trial. Upon the Defendant's jury demand, and in accordance with
state law, a jury, who having previously been selected were
impaneled and sworn, the jury after having heard the indictment
read aloud by the State and the Defendant's plea of NOT GUILTY
thereto, and having heard the evidence submitted, and having been
duly charged by the Court, and having heard arguments of counsel,
did retire in charge of the proper officer to consider their
verdict. Afterwards said jury was brought into open Court by the
proper officer, and the Defendant, GREGORY RUSSEAU and all his
counsel being present, as well as counsel for the State, and in due
form of law said jury did return into open Court a unanimous
verdict of GUILTY of the offense of CAPITAL MURDER, which was
received, read aloud, accepted, and ordered filed among the papers
of the cause by the Court.
The Defendant, GREGORY RUSSEAU, having been.found GUILTY of
Capital Murder by the unanimous verdict of the Jury and thereupon,
with the Defendant, GREGORY RUSSEAU, and all his counsel and
counsel for the State being present in open Court, further evidence
being heard by the jury .on the special issues pertaining to
punishment, the Court again charged the jury as provided by law on
the special issues. The jury, after hearing argument of counsel,
retired in charge of the proper officer to consider their verdict
and afterward were brought into open Court by the proper officer;
the Defendant, GREGORY RUSSEAU, and all his counsel being present
along with counsel for the State, and in due form on October 10,
2002 said jury did return into open Court answers of "Yes," "Yes,"
and "No" to Special Issues One, Two and Three, respectively.
The Court then on October 10, 2002 pronounced sentence at
DEATH, according to law, and further the said Defendant, GREGORY
RUSSEAU, was asked by the Court whether he had anything to say why
said sentence should not be pronounced against him, subject to
mandatory appeal and mandate, and he answered nothing at bar
thereof, and the Court finding that the Defendant, GREGORY RUSSEAU,
was at all applicable times and at that time mentally competent and
understanding of the English language, and the Court proceeded,
then in the presence of the Defendant, GREGORY RUSSEAU and his
counsel to pronounce sentence, subject to mandatory appeal, against
him and signed a judgment to that effect.
The Court certified the record for appeal and an appeal to the
Texas Court of Criminal Appeals followed. On the June 29, 2005,
the Texas Court of Criminal Appeals affirmed Defendant GREGORY
RUSSEAU's conviction, but vacated the sentence of death, and
remanded his case for a new punishment hearing.
On remand, the trial court conducted a new punishment hearing.
The Defendant, GREGORY RUSSEAU, having been found GUILTY of Capital
Murder by the unanimous verdict of the first Jury, a second jury
was selected, impaneled and sworn, thereupon, with the Defendant,
GREGORY RUSSEAU, and all his counsel and counsel for the State
being present in open Court, further evidence being heard by the
jury on the special issues pertaining to punishment, the Court
again charged the jury as provided by law on the special issues,
and the jury, after hearing argument of counsel, retired in charge
of the proper officer to consider their verdict and afterward were
brought into open Court by the proper officer. On April 20, 2007,
the. Defendant, GREGORY RUSSEAU, and all his counsel being present
along with counsel for the State, and in due form said jury did
return into open Court answers of "Yes," "Yes," and "No" to Special
Issues One, Two and Three, respectively.
The Court then pronounced sentence at DEATH, according to law,
and further the said Defendant, GREGORY RUSSEAU, was asked by the
Court whether he had anything to say why said sentence should not
be pronounced against him, subject to mandatory appeal and mandate,
and he answered nothing at bar thereof, and the Court finding that
the Defendant, GREGORY RUSSEAU, was at all applicable times and at
that time mentally competent and understanding of the English
language, and the Court proceeded, then in the presence of the
Defendant, GREGORY RUSSEAU and his counsel to pronounce sentence,
subject to mandatory appeal, against him and signed a judgment to
that effect.
Subsequently, Defendant's state Applications for Writ of
Habeas Corpus were denied, the Application for Writ of Certiorari
was denied by the United States Supreme Court, and his federal
Application for Writ of Habeas Corpus was denied by the United
^
States District Court and said denial was affirmed by the Fifth
Circuit Court of Appeals. The trial court received the Mandate
commanding the trial court to observe the order of the Texas Court
of Criminal Appeals in this case and to duly recognize, obey and
execute said mandates.
On March 6, 2015, this case was again called for formal
sentencing in accordance with the verdicts and Judgment herein
rendered and entered against the Defendant, GREGORY RUSSEAU, on
April 20, 2007; setting of date of execution; and Order for
Issuance of the Warrant of Execution upon the orders of the Texas
Court of Criminal Appeals Mandate, and the State appeared by her
Criminal District Attorney D. Matt Bingham (together with her
Assistant Criminal District Attorney April Sikes) and the
Defendant, GREGORY RUSSEAU, appeared in person and with state writ
counsel JEFF HAAS, and whereupon the State of Texas announced ready
and the Defendant was present with counsel. Thereupon the
Defendant, GREGORY RUSSEAU, through his counsel, was asked by the
Court whether he had anything to say or offer at bar as to why
sentence should not be formally pronounced against him and said
counsel indicated there was nothing he had to offer at bar as to
which sentence should not be formally pronounced and a date of
execution set. It appearing to the Court that the Defendant,
GREGORY RUSSEAU, was mentally competent and understanding of the
English language, the Court proceeded, in the presence of the said
Defendant, GREGORY RUSSEAU, and all his counsel and counsel for the
State, in open Court to formally pronounce Judgment and Sentence
against the Defendant in accordance with the jury's verdicts and
mandate of the Texas Court of Criminal Appeals; to set the date of
execution, and to order issuance of the Warrant of Execution as
follows:
IT IS THE ORDER OF THE COURT, that the said Defendant, GREGORY
RUSSEAU who has been adjudged to be GUILTY of the felony offense of
CAPITAL MURDER, as charged in the indictment in this cause, a
Capital Felony; and that the said Defendant, GREGORY RUSSEAU,
committed said offense on the 30th day of May, 2001, as found by the
jury, and whose punishment has been assessed by application of law
to the verdicts of the Jury on the Special Issues submitted and the
Judgment of the Court, by DEATH, according to law, and, it is
ORDERED, that the Defendant, GREGORY RUSSEAU, be taken by the
Sheriff of Smith County, Texas, and by him kept in custody until
the Clerk of this Court shall issue and deliver to said Sheriff a
DEATH WARRANT (also known as a WARRANT OF EXECUTION), in accordance
with this Judgment and Sentence, directed to the Director of the
Texas Department of Criminal Justice - Institutional Division
(formerly known as the Texas Department of Corrections, State
Penitentiary), at Huntsville, Texas, commanding him, the said
Director of the Texas Department of Criminal Justice
Institutional Division (formerly known as the Teas Department of
Corrections - State Penitentiary) to put into execution the
Judgment and Sentence of DEATH against the said GREGORY RUSSEAU,
and immediately upon the issuance of said WARRANT OF EXECUTION, the
Sheriff of Smith County, Texas is directed to take the said GREGORY
RUSSEAU, together with the said WARRANT OF EXECUTION, to the
Director of the Texas Department of Criminal Justice
Institutional Division (formerly known as the Texas Department of
Corrections, State Penitentiary) or other person legally authorized
to receive such convicts, and deliver the said GREGORY RUSSEAU and
said WARRANT OF EXECUTION into the custody of said Director of the
Texas Department of Criminal Justice - Institutional Division
(formerly known as the Texas Department of Corrections, State
Penitentiary), and the said Director of the Texas Department of
Criminal Justice - Institutional Division (formerly known as the
Texas Department of Corrections, State Penitentiary) is hereby
COMMANDED and DIRECTED to keep the said GREGORY RUSSEAU until the
18th day of June, 2015
upon which day, at the Texas Department of Criminal Justice -
Institutional Division (formerly known as the Texas Department of
Corrections, State Penitentiary), at any time after 6:00 p.m. in a
room arranged for the purpose of execution, the Director of the
Texas Department of Criminal Justice - Institutional Division
(formerly known as the Texas Department of Corrections, State
Penitentiary) is hereby, acting by and through the executioner
designated by said Director as provided by law, COMMANDED, ORDERED,
and DIRECTED to carry out this Judgment and Sentence of DEATH by
intravenous injection of a substance or substances in a lethal
quantity sufficient to cause the death of the said GREGORY RUSSEAU
and until said GREGORY RUSSEAU is dead, such procedure to be
determined and supervised, in accordance with law, by the said
Director of the Texas Department of Criminal Justice
Institutional Division (formerly known as the Texas Department of
Corrections, State Penitentiary).